In Florida, you can be charged with two types of drug crimes: possession and trafficking. Possession is the less serious of the two offenses, you can be charged with this type if you have a controlled substance in your possession illegally.
Drug trafficking charges occur when you’re caught selling, manufacturing, transporting, or importing drugs. The penalties for your drug crime charges will depend on how much you have, the schedule of drugs you have, and your history of similar crimes, so they can be either a misdemeanor or a felony charge.
If you’ve been arrested for a drug crime in Tampa, Florida, it’s important to contact an experienced Tampa criminal defense attorney. They can analyze the situation in which you were arrested and dissect the legality of the law officers arresting procedures and their grounds for stopping and searching your vehicle, person, or premises.
Drug charges include:
- Illegally possessing or transporting a controlled substance
- Illegally growing marijuana
- Unlawfully manufacturing drugs
- Conspiring to commit drug crimes
- Driving while under the influence of controlled substances
- Importing drugs
- Illegally possessing drugs with the intention of selling or distributing
- Illegally possessing equipment for using drugs
- Prescription drug fraud
What are the penalties for drug crimes?
What type of drug you have contributes to the penalties you’ll receive if you’re charged with a drug crime. Drugs are organized into “schedules” depending on their medicinal use, safety, and their addictive nature. The Controlled Substance Act was the law that created drug schedules
Schedule I
These drugs do not serve any medical use and have a high potential for drug abuse. Examples would be heroin, LSD, and ecstasy.
Schedule II
These drugs can be used medicinally but under strict doctor’s supervision. The general public does not have access to them, and they have a high potential for drug abuse. Examples would be cocaine, methamphetamine, fentanyl, oxycodone, and PCP.
Schedule III
These drugs have a moderate potential to lead to drug abuse. Examples would be anabolic steroids, testosterone, Vicodin, Tylenol, ketamine, and codeine.
Schedule IV
These drugs are commonly given out by doctors to treat sleep disorders, anxiety, and depression. They have a low to moderate chance of abuse. Examples would be Xanax, Valium, Ambien, Ativan, and soma.
Schedule V
These drugs are over-the-counter, but they normally contain some type of narcotic. They have a low chance of addiction, and are generally used to treat colds, aches, pain, and coughs. Examples would be Robitussin, Lyrica, and Parepectolin.
Jail Time for Drug Crimes
Depending on whether you’re charged with possession or trafficking can determine if you’re facing a misdemeanor or felony charges, However, the quantity of the drug and its schedule (as well as your criminal past) are the contributing factors in what your penalties will be. The following are common drug types and amounts with their average jail time sentences.
10 Years in Jail
- Heroin: 1 kilogram
- Cocaine: 5 kilograms
- Marijuana: 1000 kilograms or more
- Cocaine mixtures: 280 grams or more
- PCP: 100 grams or more
- PCP Mixtures: 1 kilogram or more
- LSD Mixtures: 10 grams or more
- Mixtures with Fentanyl: 400 grams or more
- Meth and meth-related drugs: 50 grams or more
- Meth Mixtures: 500 grams or more
5 to 40 Years in Jail
- Heroin: 100 grams
- Cocaine: 500 grams
- Cocaine Mixtures: 28 grams or more
- PCP: 10 grams or more
- PCP Mixtures: 100 grams or more
- LSD: 1 gram or more
- Marijuana: 100 kilograms
- Meth and Meth-related substances: 5 grams or more
- Fentanyl mixtures: 40 grams or more
If you or your loved one are in need of information on Drug Crime, call us at 813-359-8667 to speak with a qualified legal professional or fill out the contact form on this page. We’re available 24/7, we offer free initial consultation and payment plans. In addition to our Tampa office, we have offices in the following cities across the state of Florida:
- Daytona Beach
- Kissimmee
- Melbourne
- Lakeland
- Ocala
- Orlando
- Fort Myers
- Sanford
- Miami
- Jacksonville
- Fort Lauderdale
- Sarasota
- Clearwater
*Additional Orlando Florida & Orange County Legal Resources